Pennsylvania Court Orders Counties To Count Undated Mail-in Ballots in Vote Totals

[Nevilledog]

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🚨VICTORY: Pennsylvania judge orders Berks, Fayette and Lancaster counties to include all timely received mail-in ballots lacking a handwritten date on the outer envelope in 2022 primary certification totals after the counties initially refused to do so.

democracydocket.com
Pennsylvania Court Orders Counties To Count Undated Mail-in Ballots in Vote Totals
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11:04 AM · Aug 19, 2022

https://www.democracydocket.com/alerts/pennsylvania-court-orders-counties-to-count-undated-mail-in-ballots-in-vote-totals/

WASHINGTON, D.C. — On Friday, Aug. 19, the Pennsylvania Commonwealth Court ordered three Pennsylvania counties — Berks, Fayette and Lancaster — to certify totals for the May 2022 primary election including undated mail-in ballots. This decision comes after Acting Secretary of the Commonwealth Leigh Chapman (D) and the Pennsylvania Department of State (DOS) filed a lawsuit against the three counties for not including undated mail-in ballots — ballots received in a timely manner that are missing a handwritten date on their outer return envelope but are otherwise valid — in their primary certification totals. Notably, state and federal courts previously established that undated mail-in ballots must be counted. Today’s decision means that Berks, Lancaster and Fayette counties must include “all lawfully cast ballots” in their vote totals and certify these results to the secretary of the commonwealth by Aug. 24, 2022.

Noting that the “right to vote in a free and fair election is essential in a representative democracy,” the judge concluded in her order today that “the lack of a handwritten date on the declaration on the return envelope of a timely received absentee or mail-ballot does not support excluding those ballots from the Boards’ certified results under both Pennsylvania law” and the Materiality Provision of the Civil Rights Act. This decision comes almost three weeks after the Commonwealth Court heard oral arguments in the case on July 28 and over three months since the 2022 primary election.

*the end*


I predict they ignore the Court's order

[MyOwnPeace]

1. Don't know about Berks County, but

Fayette and Lancaster are "tRump" havens for MAGAts. Not surprised that a court had to step in - and I wouldn't be surprised if, as ND said, they ignore the court's order. After all, the "Law & Order" Party ALWAYS obeys the law - when they want to.

[FakeNoose]

2. It's not enough to change the outcome of the May primary

This is less than 800 ballots TOTAL that were in dispute. None of the candidates - Republican or Democratic - were so close that these 800 ballots would have made a difference.

Here is a July 28, 2022 article from the Pittsburgh Post-Gazette which spells it out:

The votes, including some from Fayette County, are not expected to change the results of the state’s marquee primary races this year for governor and U.S. Senate, but Judge Jubelirer’s decision could clarify whether inaccurate or missing dates on those envelopes can form the basis for future vote-counting challenges.

- snip -

The lawsuit was filed this month after officials declined Ms. Chapman’s request they reverse decisions to throw out 507 Democratic and 138 Republican ballots in Berks, 45 Democratic and six Republican ballots in Fayette, and 46 Democratic and 38 Republican ballots in Lancaster. Several other counties that had initially voted not to count such ballots did follow Ms. Chapman’s guidance and included them in their final tallies.

(link) https://www.post-gazette.com/news/crime-courts/2022/07/28/mail-in-ballots-handwritten-dates-pa-election-law-fayette-county-berks-lancaster/stories/202207280151

- more at link -

What's important about this PA Court ruling is setting the precedent for the November general election where the county Repukes will be fighting tooth-and-nail to disqualify every vote they can.

[lindysalsagal]

3. Badges judge.

Democracy wins.